An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Peru

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

There were no significant developments in the investigation into allegations members of the Peruvian National Police (PNP) committed the extrajudicial killings of more than 27 criminal suspects during at least nine separate police operations from 2012 to 2015 as part of a scheme to obscure police corruption as well as a means to receive awards and promotions. Fourteen PNP regular police officers remained in preventive detention, eight in prison and six under house arrest, awaiting trial for their roles in one of the operations.

The Shining Path domestic terrorist group conducted several terrorist acts during the year that caused the injury and death of security force members and civilians, including the August 21 killing of a husband, wife, and adult son in a small town located in the remote region of Junin. Shining Path terrorists conducted two separate attacks on police and military contingents in June, killing four police officers and wounding several others.

On September 11, the National Criminal Court sentenced 10 former leaders of the Shining Path to life in prison for committing the 1992 Tarata Street bombing that killed 25 persons in Lima. The court postponed sentencing an 11th leader, Moises Limaco, who fled the country in 2014, and cleared a 12th, Elizabeth Cardenas.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

The Ministry of Justice’s Directorate for Disappeared Persons oversees the recovery, identification, and return of remains of the approximately 13,000-20,000 persons who disappeared during the internal conflict of 1980-2000. To expedite this effort, President Vizcarra signed a law on September 7 to create a genetic database to identify and recover disappeared victims’ remains.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. Local nongovernmental organizations (NGOs), however, and the Human Rights Ombudsman’s Office reported that torture by police occurred and stated the government did not effectively prevent and punish those who committed such abuses. In a June report, the Human Rights Ombudsman’s Office identified 174 cases of police-related torture and abuse between March 2017 and April 2018. The incidents occurred nationwide, across all police units, but without any apparent pattern and were not found to be the result of a government policy.

According to the local NGO Human Rights Commission, many victims did not file formal complaints about their alleged torture, and those who did so purportedly had difficulty obtaining judicial redress and adequate compensation. Transgender women reported to NGOs that municipal police in metropolitan Lima committed acts of extortion, violence, and degrading treatment against them.

Prison and Detention Center Conditions

The law prohibits such practices. Local nongovernmental organizations (NGOs), however, and the Human Rights Ombudsman’s Office reported that torture by police occurred and stated the government did not effectively prevent and punish those who committed such abuses. In a June report, the Human Rights Ombudsman’s Office identified 174 cases of police-related torture and abuse between March 2017 and April 2018. The incidents occurred nationwide, across all police units, but without any apparent pattern and were not found to be the result of a government policy.

According to the local NGO Human Rights Commission, many victims did not file formal complaints about their alleged torture, and those who did so purportedly had difficulty obtaining judicial redress and adequate compensation. Transgender women reported to NGOs that municipal police in metropolitan Lima committed acts of extortion, violence, and degrading treatment against them.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. The government constitutionally suspended the right to freedom from arrest without warrant in designated emergency zones.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNP is responsible for all areas of law enforcement and internal security, including migration and border security. The PNP functions under the authority of the Ministry of Interior. The armed forces are responsible for external security under the authority of the Ministry of Defense. The armed forces have limited domestic security responsibilities, particularly in the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM) emergency zone.

Civilian authorities maintained effective control over the military and police forces, and the government had effective mechanisms to investigate and punish abuses. Corruption and a high rate of acquittals, however, in civilian courts for military personnel accused of crimes remained serious problems. The Public Ministry conducted investigations, although access to evidence held by the Ministry of Defense was not always forthcoming. The Ombudsman’s Office can also investigate cases and submit conclusions to the Public Ministry for follow-up.

The Ministries of Interior and Defense employed internal mechanisms to investigate allegations of security force abuse. The Ministry of Interior’s Office of Inspector General reported it disciplined approximately 1,400 police officers from January to September, compared with over 33,000 in the first eight months of 2017. Analysts attributed the apparent dramatic decrease in PNP disciplinary actions during the year to the fact that there were an unusually high number of disciplinary actions the previous year, which were the result of reforms the Interior Ministry implemented in 2017.

Police continued operating under a use-of-force doctrine adopted in 2015. When a police action causes death or injury, the law requires an administrative investigation and notification to the appropriate oversight authorities. The law is applicable to all police force members and defines the principles, rules, situations, and limitations for police use of force and firearms.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires a written judicial warrant based on sufficient evidence for an arrest, unless authorities apprehend the alleged perpetrator of a crime in the act. Only judges may authorize detentions. Authorities are required to arraign arrested persons within 24 hours, except in cases of suspected terrorism, drug trafficking, or espionage, for which arraignment must take place within 15 days. In remote areas, arraignment must take place as soon as practicable. Military authorities must turn over persons they detain to police within 24 hours. Police must file a report with the Public Ministry within 24 hours after an arrest. The Public Ministry, in turn, must issue its own assessment of the legality of the police action in the arrest, and authorities respected this requirement.

The law permits detainees access to family members and a lawyer of their choice. Police may detain suspected terrorists incommunicado for 10 days.

Pretrial Detention: Lengthy pretrial detention continued to be a problem. As of June, judicial authorities had sentenced 52,966 of the 87,995 detainees held in detention facilities and prisons. The length of pretrial detention occasionally equaled, but did not exceed, the maximum sentence of the alleged crime. Delays were due mainly to judicial inefficiency, corruption, and staff shortages. In accordance with the law, courts released prisoners held more than nine months (up to 36 months in complex cases) whom the justice system had not tried and sentenced. The courts factored pretrial detention into final sentences.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary. Some NGOs and other advocates alleged the judiciary did not always operate independently, was not consistently impartial, and was sometimes subject to political influence and corruption.

In July the media released audiotaped phone conversations of judges implicating themselves in influence peddling, which included court decisions. Immediately following the scandal, President Vizcarra implemented measures to address judicial corruption.

Authorities generally respected court orders from the judiciary.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and the judiciary generally enforced this right, although reports of corruption in the judicial system were common. The government continued the implementation, begun in 2006, of the transition from the inquisitorial to the accusatory legal system and the application of a new criminal procedure code designed to streamline the penal process. As of October the government had initiated the transition and introduced the code in 31 of the 34 judicial districts, although implementation in the largest judicial districts–Lima and South Lima–remained pending.

The law presumes all defendants are innocent. The government must promptly inform defendants in detail of the charges against them and provide defendants a trial without undue delay. Defendants also have the right to be present at their trial and to communicate with an attorney of their choice or have one provided at public expense. State-provided attorneys, however, often had poor training. Although the law grants citizens the right to trial in their own language, interpreting and translation services for non-Spanish speakers were sometimes unavailable. This deficiency primarily affected indigenous persons living in the highlands and Amazon regions.

The law gives all defendants the right to adequate time and facilities to prepare for their defense. Defendants have the right to confront adverse witnesses and present their own witnesses and evidence. The government cannot compel defendants to testify or confess to a crime. Defendants may appeal verdicts to a superior court and ultimately to the Supreme Court. The Constitutional Tribunal may rule on cases involving issues such as habeas corpus or the constitutionality of laws.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees during the year.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Citizens may seek civil remedies for human rights violations, but court cases often take years to resolve. Press reports, NGOs, and other sources continued to allege that persons outside the judiciary frequently corrupted or influenced judges.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions. The government’s continued declaration of an emergency zone in the VRAEM, due to drug trafficking and criminal activity, suspended the right to home inviolability.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system generally promoted freedom of expression, including for the press.

Violence and Harassment: Journalists alleged police, protesters, and company personnel assaulted and threatened them while covering various protests and incidents of social unrest. The Press and Society Institute reported the most common type of threat was made against local radio and television broadcast journalists who investigated local government authorities for corruption. The institute alleged the aggressors were often local and regional government officials, such as mayors and regional governors.

Police continued to investigate the 2016 killing of radio journalist Hernan Choquepata Ordonez in the coastal province of Camana, Arequipa Region. Reports suggested Choquepata was killed after he criticized mayors of the municipalities of Camana and Mariscal Caceres.

Censorship or Content Restrictions: NGOs continued to report that some media, most notably in the provinces outside of Lima, practiced self-censorship due to fear of local government reprisal.

Nongovernmental Impact: Some media reported narcotics traffickers and persons engaged in illegal mining activities threatened press freedom by intimidating journalists who reported information that undermined their operations.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

The International Telecommunication Union reported that 49 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

The law does not require a permit for public demonstrations, but organizers must report the type of demonstration planned and coordinate its intended location to the appropriate regional representative. The government continued to suspend freedom of assembly in the VRAEM emergency zone, where armed elements of the Shining Path and drug traffickers operated, as well as in regions suffering from crime and public health crises.

The government may restrict or prohibit demonstrations in specific times and places to assure public safety or health. Police used tear gas and occasional force to disperse protesters in various demonstrations. Although most demonstrations were peaceful, protests in some areas turned violent, resulting in two deaths and multiple injuries in February (see section 6, Other Societal Violence and Discrimination).

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

With certain limitations, labor laws and regulations provide freedom of association, the right to strike, and collective bargaining. The law prohibits employer intimidation and other forms of antiunion discrimination and requires reinstatement of workers fired for union activity, unless they opt to receive compensation instead. Regulations allow workers to form unions without seeking prior authorization. The minimum membership required by law to form a union is 20 employees for a workplace-level union and 50 employees for a sector-wide union, which some labor activists viewed as prohibitively high in some instances, particularly for small and medium-sized enterprises. The use of consecutive short-term contracts in some nontraditional export sectors, such as textiles and apparel, made the exercise of freedom of association and collective bargaining difficult.

The law allows unions to declare a strike in accordance with their governing documents. Private-sector workers must give advance notice of at least five working days, and public-sector workers must give at least 10 days’ notice. The law also allows nonunion workers to declare a strike with a majority vote as long as the written voting record is notarized and announced at least five working days prior to a strike. Unions in essential services are permitted to call a strike but must provide 15 working days’ notice, receive the approval of the ministry, obtain approval of a simple majority of workers, and provide a sufficient number of workers during a strike to maintain operations. Private enterprises and the public institutions cannot fire workers who strike legally.

The law requires businesses to monitor their contractors with respect to labor rights and imposes liability on businesses for the actions of their contractors. The law governing the general private-sector labor regime sets out nine categories of short-term employment contracts that companies may use. The law sets time limits for each of the categories and contains a five-year overall limit on the consecutive use of short-term contracts. A sector-specific law covering the textile and apparel nontraditional export sectors exempts employers from this five-year limit and allows employers to hire workers on indefinite short-term contracts, without requiring a conversion to the permanent workforce.

Although the Ministry of Labor and its National Superintendency of Labor Inspection (SUNAFIL) received budget increases in 2017 and 2018, resources remained inadequate to enforce freedom of association, collective bargaining, and other labor laws. In July Congress passed a law to merge the regional labor inspectors and Ministry of Labor inspectors with SUNAFIL. As of September SUNAFIL reported having 636 labor inspectors and to have budgeted for the hiring of an additional 216 inspectors by the end of the year. SUNAFIL opened a new labor inspection office in Puno in May. As of October SUNAIFL had offices in 16 of the 24 regions.

Penalties for violations of freedom of association and collective bargaining range from 7,400 to 74,000 soles ($2,280 to $22,800). Such penalties were insufficient to deter violations and, according to labor experts and union representatives, were rarely enforced. Workers continued to face prolonged judicial processes and lack of enforcement following dismissals resulting from trade union activity.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law.

Resources, inspections, and remediation were inadequate for effective enforcement of the law. The law prescribes penalties of eight to 25 years’ imprisonment for labor trafficking, although the government did not report statistics on convictions and sentences for forced labor during the year. Financial penalties for violations range from 7,400 to 74,000 soles ($2,280 to $22,800) but were insufficient to deter violations.

SUNAFIL officials conducted inspections to identify forced labor. The Ministry of Labor and SUNAFIL provided training sessions to SUNAFIL and regional labor inspectors around the country to raise awareness of forced labor and the applicable law. The government continued to implement the 2013-17 national plan to combat forced labor during the year. The government approved a new National Plan of Action against Trafficking in Persons 2017-21 in June 2017. The plan addresses forced labor as human trafficking with an emphasis on the needs of victims through a dedicated Victim Reintegration Plan.

Thousands of persons remained subject to conditions of forced labor, mainly in mining, forestry, agriculture, brick making, and domestic service. There were reports that men and boys were subjected to bonded labor in mining (including gold mining), forestry, and brick making, while women were most often found working under conditions of domestic servitude. Both men and women reportedly worked in bonded labor in agriculture.

In July a court sentenced the husband and wife who operated a workshop to preventive detention. As of October the husband remained in jail, and his wife was under house arrest, pending trial. A fire in June 2017 in downtown Lima exposed the informal counterfeit lightbulb workshop, which allegedly engaged in human trafficking for forced labor exploitation. Two workers were locked in the workshop; one, a 17-year-old minor, died in the fire.

In September the PNP reported it rescued 1,077 human trafficking victims (sexual exploitation and forced labor) during multiple police operations from January to September. The rescued victims included 130 foreign women, mostly Venezuelans with some Ecuadorians and Bolivians. The police conducted the operations in Madre de Dios, Piura, Tumbes, and Lima.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The legal minimum age for employment is 14, although children between the ages of 12 and 14 may work in certain jobs for up to four hours per day. Adolescents between the ages of 15 and 17 may work up to six hours per day, if they obtain special permission from the Ministry of Labor and certify that they are attending school. In certain sectors of the economy, higher age minimums existed: 15 in nonindustrial agriculture; 16 in industry, commerce, and mining; and 17 in industrial fishing. The law specifically prohibits the hiring of minors in a number of occupations considered hazardous for children, including working underground, lifting or carrying heavy weights, accepting responsibility for the safety of others, and working at night. The law prohibits work that jeopardizes the health of children and adolescents; puts their physical, mental, and emotional development at risk; or prevents regular attendance at school.

A permit from the Labor Ministry is required for persons under 18 to work legally. Parents must apply for the permits, and employers must have a permit on file to hire a minor.

The Ministry of Labor and SUNAFIL are responsible for enforcing child labor laws, but enforcement was not effective, especially in the informal sector in which the majority of child labor occurred. The ministry and SUNAFIL lacked the resources needed to execute necessary inspections, and inter-ministerial coordination was often lacking. Inspectors conducted visits without notice to areas where persons or organizations had reported child labor problems. By law the penalties for illegal child labor include fines from 192,500 soles ($59,400) for microbusiness to 385,000 soles ($118,800) for small and medium-sized businesses and 770,000 soles ($237,600) for larger enterprises. In addition to these fines, violators are subject to civil and criminal legal proceedings.

The Labor Ministry continued its “Vamos Peru” (Let’s Go, Peru) program, focused on job training, technical assistance to entrepreneurs, and job placement, and the “Peru Responsable” (Responsible Peru) program, aimed at fostering corporate social responsibility and creating formal employment for youth. The ministry continued to implement its national strategy to combat child labor, including projects in Junin, Huancavelica, Pasco, Carabayllo, and Huanuco, which focused on reducing child labor by improving educational services, providing mechanical tools, and providing cash transfers to families in rural areas.

The Office of the Ombudsman for Children and Adolescents (DEMUNA) worked with the Labor Ministry to document complaints regarding violations of child labor laws. DEMUNA operated a decentralized child labor reporting and tracking system. The Ministry of Women and Vulnerable Populations administered a program that sent specialized teachers to the streets to provide education and support to minors involved in begging and street vending. The ministry continued to implement the Yachay program, which assists homeless children ages six to 17 with workshops, health care, education, legal services, and scholarships.

A 2016 government child labor report found more than two million children in the five-to-17 age group worked, a rate of more than 26 percent. The report noted child labor rates tracked closely with high poverty rates, with several of the rural highland regions having child labor rates above 50 percent: 67 percent for Huancavelica, 63 percent for Cajamarca, 54 percent for Cusco, and 51 percent for Puno. Some coastal regions had child labor rates below 10 percent, such as Callao with 4 percent, Lima with 6 percent, and Ica with 9 percent. The report also found child labor predominately occurred in rural, agricultural areas (46 percent), in contrast to urban centers (13 percent). The report noted that children engaged in the worst forms of child labor, including mining and in commercial sexual exploitation, sometimes as a result of human trafficking.

Representatives from the Labor Ministry, NGOs, and labor unions reported counterfeit U.S. currency cases that involved child labor. The ministry, NGOs, and labor activists reported the use of child labor in rice production on plantations in the Tumbes Region.

Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment based on race, color, sex, religion, political opinion, national origin, citizenship, social origin, disability, age, language, or social status. The law does not specifically identify discrimination based on sexual orientation or gender identity, HIV-positive status, or other communicable diseases. The law prohibits discrimination against domestic workers and any requirement by employers for their domestic workers to wear uniforms in public places. The law establishes the following employment quotas for persons with disabilities: 3 percent for private businesses with more than 50 employees and 5 percent for public-sector organizations. The National Council for the Integration of Persons with Disabilities oversees compliance with employment quotas for persons with disabilities.

The government did not effectively enforce the law. Penalties for violations include fines and imprisonment, but they were not sufficient to deter violations. NGOs and labor rights advocates noted that discrimination cases often went unreported to authorities.

Societal prejudice and discrimination led to disproportionate poverty and unemployment rates for women. Women were more likely to work in the informal sector or in less secure occupations, such as domestic service, factory work, or as street vendors, and they were more likely to be illiterate due to lack of formal education.

e. Acceptable Conditions of Work

In April the government increased the statutory monthly minimum wage for formal workers from 850 soles ($265) to 930 soles ($290) per month. The INEI estimated the poverty line to be 315 soles ($97) a month per person, although it varied by region. The average monthly income, set in September 2016, was 1,640 to 1,867 soles ($505-$575) for men and 1,352 soles ($415) for women. The INEI reported the average monthly income in 2017 for Lima was 1,667.30 soles ($521).The government did not effectively enforce wage laws and penalties were not sufficient to deter violations of minimum wage standards.

The law provides for a 48-hour workweek for formal workers and one day of rest. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 15 days of paid annual vacation.

The Occupational Health and Safety (OHS) Standards are appropriate for the main industries. SUNAFIL is responsible for the enforcement of OHS standards. The government did not devote sufficient resources and personnel to enforce OHS standards.

Fines for labor violations were last increased in April 2014. Noncompliance with the law is punishable by fines of 7,400 to 74,000 soles ($2,280 to $22,800). In July 2014, however, the government enacted a three-year decree that reduced fines on employers for labor violations to no more than 35 percent of the maximum fine established by law. The government renewed that decree in 2017 for another three years. The reduction is limited to fines for occupational safety and health violations that did not result in death or permanent injury of the worker and violations of laws related to freedom of association and workplace discrimination determined not to be “very serious.” The reduction does not apply to violations that “very seriously affect” freedom of association, union formation, and workplace discrimination; violations related to child labor or forced labor; violations of occupational and safety norms that result in death or permanent disability of the worker; actions that impede labor inspections; and recidivist conduct, defined as repeat violations within a six-month period from the time a final decision on the first infraction was issued. The reductions, however, do not apply to violations of fundamental labor rights. Many fines went uncollected, in part because the government lacked an efficient tracking system and at times due to a lack of political will, according to a local labor NGO and labor experts.

The law provides for fines and criminal sanctions for occupational safety and health violations. In cases of infractions, injury, or deaths of workers or subcontractors, the penalty is one to four years’ imprisonment. Criminal penalties are limited to those cases where employers “deliberately” violated safety and health laws and where labor authorities had previously notified employers who chose not to adopt measures in response to a repeated infraction. The law requires that a worker prove an employer’s culpability to obtain compensation for work-related injuries.

Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, approximately 70 percent of the total labor force, received less than the minimum wage, although most were self-employed.

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future